The Securities and Exchange Commission has released new staff guidance in the form of FAQs addressing digital asset regulation. These guidelines specify under what conditions staking tokens may fall outside securities regulation. The authority clarifies that a staking receipt tied to a digital commodity can be considered a digital tool if it does not transfer control of deposited assets to the issuer. Marketing statements and token buybacks do not automatically constitute a promise of essential managerial efforts under the Howey test, especially for decentralized functional networks. These FAQs follow the failure of the CLARITY Act in the US Senate on September 15.
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